Appeal from a judgment of the Supreme Court (Feldstein, J.), entered June 9, 2011 in Franklin County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner's request for parole release.
New York Supreme and/or Appellate Courts 512452.pdf
Calendar Date: December 12, 2011
Before: Mercure, Acting P.J., Lahtinen, Malone Jr., Garry and Egan Jr., JJ.
Petitioner brought this CPLR article 78 proceeding challenging a February 2010 determination of the Board of Parole denying his request for parole release. Supreme Court subsequently dismissed the petition, concluding that petitioner's resentencing on a 2008 crime rendered his particular claims effectively moot. Petitioner appealed. The Attorney General has advised this Court that petitioner reappeared before the Board in May 2011 -- prior to issuance of Supreme Court's judgment -- at which time his request for parole release was again denied. In view of this, and given that petitioner has received all the relief to which he is entitled, the petition was properly dismissed (see Matter of Seegars v Fischer, 84 AD3d 1653 , lv denied 17 NY3d 711 ; Matter of Johnson v New York State Div. of Parole, 54 AD3d 464, 464-465 , lv denied 11 NY3d 711 ).
Mercure, Acting P.J., Lahtinen, Malone Jr., Garry and Egan Jr., JJ., concur.
ORDERED that the judgment is affirmed, without costs.
Robert D. Mayberger Clerk of the Court
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